For criminal cases, the general public often adheres to a simple concept of justice, and people will sympathize with the suffering of victims and their families; The family of the perpetrator will blame and even "strain" the anger of the perpetrator's criminal behavior on the family member, and some discrimination suffered for illegal and criminal acts does not affect only one person.
This is most intuitively embodied in the archives that record criminal behaviors, which are also commonly known as "case records", and the case records left by crimes are like a brand, buried deep in people's hearts, making people ashamed and making people sleep and eat uncomfortablyMany people are also curious about the impact of the "case record" on their lives
"Case record" refers to the record of being punished after a criminal offense, that is, a criminal record, and the degree of violation and crime is not the sameBreaking the law means violating a law other than the criminal law, while committing a crime simply means violating the criminal lawThat is, "it is not a crime unless the law expressly stipulates it".
Only a person who has been convicted by the people's court has a criminal record, and after being detained for violating the Public Security Administration Punishment Law, what he has violated is not the criminal law, but the public security administrative punishment, so he will not leave a criminal record, that is, there is no criminal record, but there will be a record of public security punishment.
Therefore,The degree of illegal record is less severe than that of criminal record, and the real sense of "criminal record" actually refers to criminal detentionJust imagine, a person who has been administratively punished for traffic violations and a murderer who has done nothing evil apply for a job together, who will have a higher probability of getting an offer?
Perhaps you have also heard the saying on the Internet that "one person commits a crime and nine clans", many people who have violated the public security management regulations are often very guilty after being punished, worried that they will leave a "case record", not to mention that they have lost their jobs, and their families have since become "second-class citizens".
Having a criminal record will affect your breadth of employment, because there are some professions that will require us to be "clean and clean" and have no criminal record, which is a threshold, if you have a criminal record, no matter how strong your ability is, you can't touch it.
Criminal recordFirst of allGo to school for your childrenThere are hugeImpact, if it is a general university, there will be no restrictions on further education, but if you apply for a police academy and other public security colleges, the immediate family members have a criminal record will affect the applicationFor conscripts and military academies, including military medical colleges, pilots, or national defense students, the family members of the conscripts will also be reviewed, and the criminal records of the immediate family members will affect the application.
And then there'sImpact on children's employmentDue to the special positions in civil servants, such as first-class departments and public security organs, there are generally strict political examination requirements for recruiting personnelBasically, if an immediate family member has a criminal record, it is impossible to pass the political examination, even if it is an ordinary position, in practice,If the immediate family member has a criminal record, they are often at a competitive disadvantage.
Relatively speaking, the political trial of public institutions is not so strict, mainly requiring that the immediate family members or collateral blood relatives who have a greater impact on me are not engaged in harmful activities, sentenced to death or are serving prison sentences, but the examination factors of the post are added, such as the audit position, if the immediate family members have a record of economic crimes, it will affect the political trial.
Employers may explicitly or implicitly screen out people who have criminal records, and at the same time, large state-owned enterprises may conduct background investigations when recruiting employees, and if the immediate family members have criminal records, it will also have a certain impact on employment, and illegal records may also have an impact on on-the-job work.
On the evening of July 16, 2020, Sun was arrested by the public security organs because of **, like this situation, he is generally administratively detained for 13 days, and there would have only been traces of him in the detention center, and others would not have checked it on a whim, and they could not find it.
But Sun still has a job, and he will definitely be dismissed if he disappears for 13 days inexplicably, so he called ** to ask the company leader for leave, but the company leader did not agree, but first sent someone to understand the situation, and then terminated the labor contract with Sun.
Sun was dissatisfied, believing that he had no legal basis, and filed an arbitration application to ask the company to pay compensation, but in fact, the company had already clearly stipulated in the contract that the company had the right to terminate the contract of employees detained for illegal public security without compensation, and finally the arbitration commission also rejected Sun's request.
Therefore, even if the first act is an illegal act, administrative detention will only leave a record and will not have a criminal record, but if some companies are concerned about illegal and criminal matters, once the matter is revealed, they still have to bear the corresponding consequences outside the law.
Can the case record be expunged? A misstep becomes a hatred for thousands of years, and the case record cannot be eliminated, and there is no system for eliminating the case record in my countryOne person'sCriminal recordIt will appear on the national illegal and criminal platform, the provincial or municipal comprehensive police platform, and the comprehensive police technology platform, and want to eliminate it through illegal meansYesNo wayof
However, it is worth noting that the inability to eliminate criminal records does not mean that they are treated differently, if it is an administrative illegal record, it is generally kept and sealed by the public security organs, and it will not be disclosed to the public, and there is no conflict between the illegal record and the certificate of no crime, so when you need to issue a certificate of no crime, you only need to go to the local police station to handle it.
At the same time, juveniles are relatively lenient in their criminal records, and those under the age of 14 who have committed a criminal act but do not constitute a crime have no criminal record. If there is a criminal record, but the record of being under the age of 18 and less than 5 years in prison will also be blocked and will not be made public.
Whether it is a criminal record or a criminal record, it is always disgraceful, since the law has left us some bottom lines, we should not let our morality slip, otherwise we will not only harm ourselves, but also our families.